Title 52, Occupations and Professions

The State Plumbing Board may impose a civil penalty on a person who violates ORS 447.065 or 693.111 or a board rule adopted thereunder. A civil penalty may not exceed $5,000. The imposition of civil penalties under this section is subject to ORS chapter 183. [2001 c.683 §24] Note…

As used in ORS 694.015 to 694.170, unless the context requires otherwise: (1) “Dealing in hearing aids” means the sale, lease or rental, attempted sale, lease or rental or ordering the use of hearing aids in conjunction with the evaluation or measurement of the powers or range of…

(1) A person may not deal in hearing aids or display a sign or in any other way advertise or represent that the person deals in hearing aids unless the person holds an active license issued by the Health Licensing Office as provided in ORS 694.015 to 694.170. (2) Notwithstanding …

(1) It is unlawful for any person to offer for sale or sell a hearing aid in this state by direct mail. (2) Any offer for sale or sale of a hearing aid in this state must include the availability of fitting the hearing aid in this state prior to the sale. (3) Nothing in this sect…

(1) Prior to consummation of the sale of a hearing aid, a person dealing in hearing aids shall deliver to the prospective purchaser a written statement, signed by the person dealing in hearing aids. The statement shall be on a form prescribed by the Health Licensing Office that s…

(1) In addition to any other rights and remedies the purchaser may have, including rights under ORS 646A.460 to 646A.476, the purchaser of a hearing aid shall have the right to rescind the transaction if: (a) The purchaser for whatever reason consults with a physician licensed un…

An applicant for licensure under this chapter shall pay the applicable fees established under ORS 676.576 and shall demonstrate to the satisfaction of the Health Licensing Office that the applicant: (1) Is a person 18 years of age or older. (2) Has graduated from high school or h…

(1) Before an applicant may take the qualifying examination for licensure under ORS 694.015 to 694.170, the applicant must: (a) Meet the training and experience requirements established by the Health Licensing Office by rule; (b) Meet the training requirements for licensure as an…

(1) Subject to ORS 676.612, the Health Licensing Office shall grant a hearing aid specialist license to each applicant, without discrimination, who possesses the required training and experience and who satisfactorily passes the examination and pays the applicable fees establishe…

(1) A person who holds a license shall notify the Health Licensing Office in writing of the regular address of the place or places where the person deals or intends to deal in hearing aids. (2) The office shall keep a record of the places of business of persons who hold a license…

The Health Licensing Office shall adopt by rule standards of practice for hearing aid specialists in providing services to consumers. The standards must include, but are not limited to: (1) Before fitting or dispensing a hearing aid, the hearing aid specialist shall determine thr…

(1) In the manner prescribed in ORS chapter 183 for contested cases, the Health Licensing Office may impose a form of discipline listed in ORS 676.612 against any person dealing in hearing aids for any of the grounds listed in ORS 676.612 and for any violation of the provisions o…

The powers and duties of the Health Licensing Office with regard to dealing in hearing aids are as follows: (1) To authorize all disbursements necessary to carry out the provisions of ORS 694.015 to 694.170. (2) To determine training and experience requirements prerequisite to ta…

(1) There is established within the Health Licensing Office the Advisory Council on Hearing Aids. The council shall consist of seven members to be appointed by the Governor. (2) Members of the council must be residents of this state. A member of the council may not be a member or…

(1) The Advisory Council on Hearing Aids shall have the responsibility and duty of advising the Health Licensing Office in all matters relating to ORS 694.015 to 694.170 including standards of practice and professional conduct, shall prepare the examinations required by ORS 694.0…

(1) Violation of any provision of ORS 694.025 and 694.032 is a Class B misdemeanor. (2) Justice courts have concurrent jurisdiction with the circuit courts of violations listed in subsection (1) of this section. [1959 c.634 §§25,26; subsection (3) enacted as 1973 c.199 §28; subse…

As used in ORS 695.210 to 695.240, unless the context requires otherwise: (1) “Consumer” means a person who buys for the person’s own use, or for the use of another, but not for resale. (2) “Person” means an individual, firm, partnership, association or corporation engaged in the…

Any person who sells, exchanges, offers to sell or exchange, exposes for sale or exchange, or possesses with intent to sell or exchange, a secondhand watch, shall affix and keep affixed to the same a tag with the words “secondhand” legibly written or printed thereon in the Englis…

Any person who sells a secondhand watch shall deliver to the vendee a written invoice setting forth the name and address of the vendor, the name and address of the vendee, the date of the sale, the name of the watch or its maker, and the serial numbers, if any, or other distingui…

Any person advertising in any manner secondhand watches for sale shall state clearly in such advertising that the watches so advertised are secondhand watches.

Violation of any of the provisions of ORS 695.210 to 695.240 is a Class A misdemeanor. [Amended by 1981 c.821 §13; 2011 c.597 §285] _______________

(1) The Sixty-second Legislative Assembly recognizes that notwithstanding amendments made to ORS chapter 696 by sections 9, 17, 19, 23, 25, 27 to 30, 32 and 40 to 43, chapter 649, Oregon Laws 1977, section 40, chapter 617, Oregon Laws 1981, and amendments made to ORS chapter 656 …

As used in ORS 696.010 to 696.495, 696.600 to 696.785, 696.650 to 696.670, 696.800 to 696.870, 696.990, 696.995 and 696.997, unless the context requires otherwise: (1) “Associated with” means to be employed, engaged or otherwise supervised by, with respect to the relationship bet…

(1) The Legislative Assembly finds the activity of persons seeking to assist others, for compensation, to deal in real estate in this state to be a matter of public concern. The provisions of ORS 696.010 to 696.495, 696.600 to 696.785, 696.800 to 696.870, 696.990 and 696.995 are …

(1) The Real Estate Agency may issue a real estate license only to an individual. (2) An individual may not engage in, carry on, advertise or purport to engage in or carry on professional real estate activity, or act in the capacity of a real estate licensee, within this state un…

(1) The Real Estate Agency shall establish by rule a system for licensing real estate brokers, principal real estate brokers, licensed real estate property managers and timeshare sales agents. The system shall establish, at a minimum: (a) The form and content of applications for …

To qualify for a real estate license under ORS 696.022 or to renew an active or inactive real estate license, the applicant must make full payment of any unpaid moneys due and owing to the Real Estate Agency, including any unpaid civil penalties assessed under a final order of th…

(1) The Real Estate Agency shall establish by rule systems for the registration and renewal of business names. (2) The registration system must: (a) Require the physical address associated with a registered business name to be the main office of a managing principal broker or lic…

ORS 696.010 to 696.375, 696.392, 696.395 to 696.430, 696.490, 696.600 to 696.785, 696.990 and 696.995 do not apply to: (1)(a) A nonlicensed individual who is a full-time employee of an owner of real estate and whose real estate activity: (A) Involves only the real estate of the e…

One act or transaction of professional real estate activity is sufficient to constitute engaging in professional real estate activity, within the meaning of this chapter. [Amended by 1955 c.322 §8; 1977 c.649 §12]

The provisions of ORS 696.010 to 696.495, 696.600 to 696.785, 696.800 to 696.870 and 696.995 shall be exclusive and no political subdivision or agency of this state shall require or issue any license or charge any fee for licensing or regulation of individuals licensed under ORS …

(1) The Real Estate Commissioner may issue a limited license to an applicant for a license as a real estate broker, principal real estate broker, real estate property manager or timeshare sales agent if the commissioner determines that the issuance is in the public interest. The …

(1)(a) If the license of a real estate broker, principal real estate broker or timeshare sales agent is revoked by the Real Estate Commissioner on grounds related to professional real estate activity other than the management of rental real estate, the commissioner may not issue …

(1) To renew an active license or to reactivate a license for the first time since the license was renewed to an inactive status, a real estate licensee, other than a timeshare sales agent, must complete 30 hours of real estate continuing education courses that are eligible for c…

(1) The Real Estate Agency, with advice from real estate professionals and educators, shall establish by rule a system for certification and renewal of real estate continuing education providers. (2) The agency shall include in the rules that an applicant for certification under …

(1) A real estate continuing education provider shall: (a) Ensure that the courses offered by the continuing education provider meet the learning objectives adopted under ORS 696.182 (4)(b); (b) Ensure that instructors who teach a real estate continuing education course meet the …

(1) A person must have one of the following qualifications to teach a real estate continuing education course that is eligible for credit required under ORS 696.174: (a) A bachelor’s degree and two years of experience working in a field related to the topic of the course; (b) Six…

(1) A licensed real estate property manager or managing principal broker shall: (a) Establish and maintain in this state a place of business designated as the real estate licensee’s main office; (b) Register the main office with the Real Estate Agency under a registered business …

(1) If a real estate licensee who is the sole principal real estate broker or sole licensed real estate property manager of a registered business name dies or becomes incapacitated, the Real Estate Commissioner may issue a temporary license to the executor, administrator or perso…

(1) The license status of a real estate licensee employed by the Real Estate Agency shall be placed on hold at the time that the real estate licensee commences employment with the agency. At the termination of the employment, the license may be returned to the real estate license…

(1) A managing principal broker shall exercise reasonable supervision and control over the activities of real estate brokers and principal real estate brokers associated with the managing principal broker. Reasonable supervision and control includes the establishment and enforcem…

(1) As used in this section, “trust funds” means money belonging to others that is received or handled by a licensed real estate property manager or principal real estate broker in the course of conducting professional real estate activity and in the real estate licensee’s fiduci…

(1) Any principal real estate broker, licensed real estate property manager or escrow agent who is required by the Real Estate Commissioner to maintain the canceled checks used to disburse moneys from the real estate licensee’s clients’ trust account may substitute a copy of the …

(1) Each licensed real estate property manager and managing principal broker, at the time a clients’ trust account is opened as required under ORS 696.241, shall provide the bank in which the account is opened with a notice, acknowledged by the real estate licensee and the bank, …

(1) The acceptance by a nonresident of a real estate license shall be considered equivalent to an appointment by the nonresident of the Real Estate Commissioner as the nonresident licensee’s true and lawful attorney, upon whom may be served any lawful summons, process or pleading…

Notwithstanding ORS 696.040 to 696.232 and 696.255, the Real Estate Commissioner may prescribe by rule the terms and conditions for license recognition of a nonresident real estate broker or salesperson and for reciprocity agreements with other states and countries, including but…

The Real Estate Commissioner, with the approval of the Oregon Department of Administrative Services, shall prescribe the fees that the Real Estate Agency may charge for activities listed under this section, subject to the following maximum amounts: (1) For each licensing examinat…

(1) A licensed real estate property manager or managing principal broker shall maintain within this state, except as provided in subsection (6) of this section, complete and adequate records of all professional real estate activity conducted by or through the licensed real estate…

(1)(a) Except as provided in this subsection, a real estate licensee may not offer, promise, allow, give, pay or rebate, directly or indirectly, any part or share of the licensee’s compensation arising or accruing from any real estate transaction or pay a finder’s fee to any pers…

An individual listed in ORS 696.030 may not make a demand for the compensation of a real estate licensee under ORS 696.290. [2017 c.234 §7] Note: 696.292 was added to and made a part of ORS chapter 696 by legislative action but was not added to any smaller series therein. See Pre…